Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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Can a governmental entity consent to waive a lawyer's conflict of interest in New York, or must the lawyer always decline when a government client is involved?
The opinion abandoned New York's 'government cannot consent' rule and concluded that a governmental entity may consent to a conflict if the consent meets DR 5-105(C), the entity is legally…
Can a board-certified lawyer advertise how few other lawyers hold the same certification, such as 'only 19 of 9,300 Alabama lawyers'?
The opinion concluded a lawyer may state that he is certified by the National Board of Trial Advocacy, but an advertisement comparing the number of certified lawyers to the number who are not is…
Can a Michigan probate judge hire a lawyer as a court employee to represent the juveniles and parents who appear before that judge?
Yes, but only if the judge does not interfere with the lawyer's independent judgment or the lawyer-client relationship, avoids ex parte contacts, and minimizes any appearance of bias; the lawyer…
Can a lawyer sue a former client when the new matter is unrelated, and does the recency of the prior representation matter?
The opinion concluded that a lawyer may represent a plaintiff against a former client unless the matters are substantially related or the lawyer holds relevant confidences; the duty of loyalty ends…
Can a lawyer give a client a benefit, like rent-free office space, in exchange for the client hiring the lawyer for its legal work?
The opinion concluded that a lawyer may furnish rent-free office space to a client in consideration of the client's employment of the lawyer, because the rule against paying for recommendations does…
If a borrower pays the lender's lawyer, must the lawyer tell the borrower he is also being paid by the title insurer, and can he keep both fees?
The opinion concluded that the lender's lawyer must disclose to the borrower, who pays the fee, that the lawyer is also compensated by the title insurer at closing and how much, and may retain both…
Can a lawyer serve as a client's part-time in-house counsel and also act as its licensed real estate broker?
The opinion concluded that a lawyer in private practice may serve as a client's part-time, salaried in-house counsel while still representing the client and its affiliates as outside counsel, and…
In a case against multiple opposing parties, can a plaintiff's attorney condition a settlement on the settling parties' lawyers agreeing not to represent the non-settling parties, or on the settling parties asserting a conflict claim against those lawyers?
The committee concluded that it is unethical to participate in a settlement that, as a condition, either bars the settling opposing parties' attorneys from representing the non-settling opposing…
If a paralegal screens a prospective client and gathers case details, is that information confidential, and can it conflict the lawyer out of an adverse matter even if the lawyer never met the person?
Yes. The opinion concluded information a legal assistant collects from a prospective client is protected to the same degree as if the lawyer collected it, and if it is confidential and important, it…
What should a lawyer who is not competent in criminal matters do when a court appoints him to defend an indigent criminal defendant?
Formal Ethics Opinion 92-F-127 concluded that an attorney appointed to a criminal case who believes he is not competent to render reasonably effective assistance should fully explain his background…
Could a claimant's lawyer contact an insurer's claims representative directly after defense counsel was appointed?
The committee said Rule 4.2 barred direct contact with the insurer's representative without prior approval from the appointed defense counsel.
Could a lawyer represent a father seeking visitation after the lawyer's firm handled a prior matter involving the mother?
The committee said any conflict imputed to the firm also reached the newly joined lawyer. Representation was possible only if the firm met Rules 1.6 and 1.9 or obtained the mother's consent under Rule 1.9.
When a client owes a fee on one matter but discharges the firm, can the firm hold the files for the client's other, fully-paid matters?
The opinion concluded that, absent a fee dispute or valid attorney's lien, a client's files belong to the client; the firm's lien reached only the file for the unpaid matter and it had to release…
Can a judge let offenders choose between performing community service hours or paying money to a charity the judge picks?
The opinion concluded that a sentencing judge may not give offenders the option of performing a set number of community service hours or instead making a monetary contribution to a charity…
When can a plaintiff's lawyer contact a defendant company's employees without the company's lawyer's consent?
The opinion concluded that, without organization counsel's consent, a lawyer may not contact a current manager or employee whose acts or omissions may be imputed to the organization or whose…
Can a judge's spouse serve on a nonjudicial candidate's campaign committee, and can the judge sit on the dais at a political party event?
The opinion concluded that a judge's spouse may serve on the campaign committee of a nonjudicial candidate and appear as a committee member on campaign letterhead, and the judge may sit on the dais…
Would the Committee issue an advisory opinion on a recusal motion already pending before a municipal judge?
The Committee declined to answer a request concerning a pending recusal motion, treating it as a legal issue for an adversarial proceeding rather than advisory review.
Must a lawyer retained by a workers'-compensation insurer notify the employer before settling a comp claim, when the insurer pays the settlement?
The opinion concluded yes; because the employer is also a client of the insurer-retained lawyer and the settlement concerns the employer's affairs, the duty to keep the client informed requires…
May a judge appear before a city planning commission about a development affecting the judge’s property?
Under the Nebraska Code then in force, the Committee said the judge could not appear before the planning commission to support or oppose the development, even though a later model code would permit…
Must a circuit judge recuse because Supreme Court justices joined a case and the judge may buy campaign advertising in the future?
Opinion 92-442 found no basis for the circuit judge’s recusal. Future campaign advertising was too speculative, and the Supreme Court justices’ supervisory roles did not disqualify the trial judge…
May a district judge help one lawyer publicize an offer to represent indigent speeding defendants?
Opinion 92-441 rejects all three proposed routes: allowing the lawyer to announce the offer in court, announcing it for the lawyer, or telling individual defendants. The Commission identified…
May a circuit judge certify a father’s informed and voluntary consent on a Wisconsin adoption form?
The Commission found nothing unethical in the judge’s certification after questioning the father and finding his consent informed and voluntary. The possibility of later litigation if the father…
Must a judge in the Air Force Reserve recuse from cases affecting military retirement, pay, or benefits?
The Commission required recusal from any case that could affect the judge’s military retirement, pay, or benefits. It concluded that this disqualification should not be waived under the particular…
Could a judicial candidate place the state seal above the judicial title and courthouse address on campaign material?
West Virginia JIC Opinion 1992-03 said that use of the state seal was improper because it made the campaign material appear official.
May Alabama district and circuit judges join the State Employees Association or its political action committee?
The Commission concluded that the Alabama Canons of Judicial Ethics do not prohibit membership in either the Alabama State Employees Association or its political action committee. It cautioned…
With the client's consent, can a lawyer keep the interest on trust funds, trade it for a lower fee, or invest trust funds overnight?
The Committee answered yes to all three: with the client's knowledge and consent, a client may waive interest on funds in a non-IOLTA interest-bearing general trust account (letting the lawyer…
When can a California attorney pay a referral fee to a lawyer who is not a partner or associate, when must the client consent, and does the referral fee have to reflect work the referring lawyer did?
The committee concluded that a referral fee may be paid to an unassociated attorney only if the client consents in writing after written disclosure of the division, the total fee is not increased by…
If a firm that is outside counsel for a local government hires that government's own lawyer who worked the same case, is the firm disqualified?
The committee concluded that the former government attorney could not personally participate, professionally or financially, in the same matter in private practice, even though no adverse interests…
Can a lawyer record a 900-number message giving general legal information and advertising his services, charge the line's owner, and share the call profits?
The opinion concluded that a lawyer may record a 900-number message of general legal information, may use it to advertise his services if it meets all advertising rules, may charge the nonlawyer…
Can a criminal defense lawyer own part of a company that provides court-ordered house arrest monitoring?
The opinion concluded that an attorney whose practice emphasizes criminal defense may acquire an ownership interest in a company that sells and provides house arrest programs to courts, but because…
Can an Ohio judge who serves as executor or administrator of a family member's estate also prepare and file the probate documents?
The opinion concluded that a judge serving as administrator or executor for a family member's estate should not prepare and file the probate documents, because preparing and filing those documents…
What may an attorney with inactive or retired registration status do, such as serve on a grievance committee, lecture for CLE credit, or work as a paralegal?
The opinion concluded that inactive or retired attorneys may serve on certified grievance committees and lecture for CLE credit if they do not practice law or hold themselves out as authorized to,…
Can an Ohio lawyer participate in a televised group legal advertising program that routes calls by zip code?
The opinion concluded that the Code does not preclude Ohio lawyers from participating in televised group legal advertising, and that ethical concerns about improper screening and referral are…
Can out-of-state attorneys send direct mail to Ohio members of a class action?
The opinion concluded that the Code does not bar direct-mail communication from named plaintiffs and their counsel to potential or actual class members during a class action, nor accepting…
Can a bar association require a lawyer to pay a percentage of fees from referred clients, and impose fee-arbitration and panel co-counsel conditions?
The opinion concluded that a bar association may require a lawyer to pay a percentage of fees earned from referred clients (treated as usual and reasonable dues under DR 2-103(B)) if conditions are…
Can a lawyer withdraw when the client ignores advice and keeps escalating a personal feud with the opposing party, damaging the case?
The opinion concluded the firm may ethically withdraw under Rule 1.16(b)(3) where the client refuses to follow advice and insists on pursuing a course the lawyer considers repugnant or imprudent,…
May a Nebraska judge prepare and file adoption papers and appear in court as counsel for a daughter?
The Committee said the judge could not represent the daughter and son-in-law in the adoption by preparing papers, filing as their lawyer, or appearing as counsel; the then-current Nebraska Code and…
Can a West Virginia lawyer hold a client's file under a retaining lien until unpaid fees are paid after the representation ends?
Only to a limited extent. The opinion concluded that when retaining the file would interfere with the client's ongoing litigation, the lawyer's retaining-lien right under Rule 1.16(d) must give way;…
When a prosecuting attorney or an assistant is personally disqualified from a matter, is the whole prosecutor's office disqualified?
It depends who is disqualified. The opinion concluded that if the elected Prosecuting Attorney is disqualified for any reason, the disqualification is imputed to the entire office; but if an…
Could a judge remain in Rotary and on several nonprofit community organization boards?
West Virginia JIC Opinion 1992-02 allowed Rotary membership and board service subject to former Canon 5B’s litigation and fundraising limits.
Could a judge join a college foundation board?
West Virginia JIC Opinion 1992-01 allowed foundation membership within former Canon 5B’s limits, but prohibited the judge from soliciting funds.
May a lawyer distribute standard living-will and health-care power-of-attorney forms without an individual consultation?
The committee identified no rule directly governing the plan, but warned that a lawyer's broad distribution of standard forms could imply they were sufficient for everyone and could raise…
When a client tells the lawyer to pay all settlement proceeds to her and not the medical providers, must the lawyer follow the client or honor the medical-lien statute?
The opinion concluded that, under RPC 69 and Rule 10.2(e), a lawyer must disburse settlement funds as the client instructs in the absence of a valid lien, and this is so whether the case settles…
Can plaintiff's counsel agree to bear all or part of the costs of litigation, whether in a class action or an ordinary civil suit?
The opinion concluded that an attorney may never ethically agree to be ultimately responsible for the costs of litigation. Rule 5.3(b) lets a lawyer advance litigation costs only if the client…
Can one attorney represent both an injured child and the parents, who have their own emotional-distress claim, against the same physician?
The opinion concluded that, although the interests of parents and child are potentially in conflict, the same attorney may represent the parents and through them the child in pre-suit negotiation,…
Can an Attorney General's staff lawyer give a trial judge ex parte advice on the merits of a case in which the state is a party but not yet represented by the AG?
The opinion concluded that a member of the AG's staff may not make such an ex parte communication if that lawyer or someone in the same division would likely represent the state on appeal, because…
Can one firm represent parents on their own injury claims and also the injured child whose claim shares the same settlement fund?
The opinion concluded that a firm cannot represent both the parents on their individual claims and the child, through the parents as guardians ad litem, when a single insurer's settlement fund must…
When a lawyer solicits members of a certified class for individual representation, must the lawyer tell them they are already represented by class counsel?
Yes. The opinion concluded that a lawyer who contacts class members about individual representation during the opt-out period must disclose that they are members of a certified class represented by…
Can one lawyer represent a minor facing criminal charges and the minor's parents in a related dependency case at the same time?
The opinion concluded there was no apparent conflict in representing both the minor in the criminal matter and the parents in the dependency trial where the lawyer reasonably believed the…
I'm suspended from practice. Can I still serve as an arbitrator under the Superior Court Arbitration Rules?
The panel concluded that a suspended attorney does not qualify to be selected as an arbitrator, based on Superior Court Arbitration Rule 2(b), which requires that an arbitrator have been a member of…
Can my firm set off unpaid legal fees and expenses against funds I'm holding for the client?
The panel concluded that under Rule 1.15(c) the law firm does not have a right of setoff; the disputed portion of the funds must be kept separate in the client fund account until the dispute is…
How long do I have to keep a closed client file before I can destroy it?
The panel declined to render an advisory opinion because the question is not within the panel's jurisdiction, but it directed the attorney's attention to R.I. Gen. Laws Section 8-14-2 (amended…
I'm the estate's attorney (and resident agent for the non-resident executor), and the executor improperly took estate funds. What should I do?
The panel advised that the attorney should ask the executor to authorize disclosure to interested parties, including the estate's beneficiaries, creditors, governmental authorities, and the probate…
I represented the seller at a closing where the buyer was unrepresented, then wrote the buyer about the 'legal services' I provided. Can I now foreclose against the buyer?
The panel concluded that, because the attorney had sent the buyer a letter making declarations of legal services provided to the buyer, an appearance of impropriety would exist if the attorney now…
Can I put a paralegal's name on my firm's letterhead, and how should it be labeled?
The panel advised that the firm should follow Provisional Order No. 18, Use of Legal Assistants Guideline 7: use the words 'legal assistant' rather than 'paralegal,' clearly indicate the legal…
I once represented a client and opined that a contract was enforceable. Its successor counsel now wants it declared void. May I help successor counsel, or the opposing party's counsel?
The panel concluded that the attorney may, but is not obligated to, voluntarily assist successor counsel on the former matters, but may not assist counsel for the other signatory, because that would…
I have a fee-division agreement with a lawyer who was later suspended. How is that lawyer's share determined?
The panel concluded that the fees owed to the suspended attorney are determined by quantum meruit, based on the work performed before the suspension, following its earlier digest in Opinion 91-71.
Can I charge a contingent fee to collect past-due alimony and child support, and can I co-sign a loan so my client can pay my fee?
The panel concluded that a contingent fee is proper for collecting past-due alimony and past-due child support but improper when seeking to obtain increased alimony or child support (Rule…
I discovered another lawyer's misconduct while representing a client. Can I report it without my client's consent?
The panel concluded that if the information is confidential and within the attorney-client privilege, then absent the client's consent the attorney is prohibited by Rule 1.6 from revealing it, even…
Does a child-support IV-D attorney have a conflict when reviewing an obligor's request after prosecuting that obligor, and what must the attorney tell unrepresented parties?
The committee saw no conflict under the statutes identifying the state as the IV-D attorney's client, but required advance disclosure of that role to unrepresented obligors and obligees under Rule 4.3.
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.